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of the deceased; and if there be nothing due from the deceased to us, the chattels shall remain to the deceased, saving to his wife and children their reasonable shares.
27. If a freeman shall die intestate, his chattels shall be distributed by the hands of his nearest relations and friends, by view of the church, saving to every one the debts which the deceased owed.
28. No constable or other our bailiff shall take the corn or other goods of any man unless he instantly pay money for it, or obtain a respite of payment by the free will of the seller.
29. No constable (of a castle) shall distrain any knight to give money for castle guard, if he be willing to do guard in his own person, or by another able man, if he himself, for reasonable cause, cannot perform it. And if we shall have led or sent him to the army,
he shall be excused from castle guard according to the time he shall be in the army by our order.
30. No sheriff nor bailiff of ours, nor any other person, shall take the horses or carts of any freeman, for carriage, without the free consent of the said freeman.
31. Neither we nor our bailiffs, will take another man's timber for our castles or other uses, unless by the consent of the owner of the timber.
32. We will not retain the lands of those who have been convicted of felony, but for one year and a day, and then they shall be delivered to the lord of the fee.
33. All wears shall, for the future, be wholly removed from the Thames and Medway, and throughout all England except on the seacoast.
34. The writ which is called præcipe shall not for the future be granted to any one of any tenement whereby a freeman may lose his court.
35. Throughout our whole kingdom there shall be one measure of wine; and one measure of ale; and one measure of corn; namely, the quarter of London ; and one width of dyed cloths, and russets,
and halberjects, namely, two ells within the lists. And it shall be with weights as with measures.
36. From henceforth nothing shall be given or taken for the writ of inquest of life or limb; but it shall be given without charge and not denied.
37. If any man hold of us by fee-farm, socage, or burgage, and hold land of another by military service, we shall not have the wardship of the heir or of the land which belongs to another man's fee on account of the aforesaid fee-farm, socage, or burgage; nor
we have the wardship of the frec-farm, socage, or burgage, unless the fee-farm owe military service. We shall not have the wardship of any man's heir, or of the land he holds of another on account of any petty serjeantry he holds of us by the service of giving us daggers, arrows, or the like.
38. No bailiff shall henceforth put any man to his law upon his own single accusation without credible witnesses produced for that purpose.
39. No freeman shall be taken, or imprisoned, or dispossessed, or outlawed, or banished, or in any way destroyed; nor will we pass upon him, nor commit him, but by the lawful judgment of his peers, or by the law of the land.
40. To no man will we sell, to none will we delay, to none will we deny right or justice.
41. All merchants shall have safety and security in coming into England and departing out of England, and in tarrying and travel. ling through England, as well by land as by water, to buy and sell without any evil tolls, according to the ancient and just customs; except in time of war, when they shall be of any nation at war
And if any such be found in our land at the beginning of a war, they shall be apprehended without injury of their bodies or their goods, until it shall be known to us or our chief justiciary how the merchants of our country are treated who are found in the country at war with us. And if ours be safe there, the others shall be safe in our land.
42. Henceforth it shall be lawful to any person to go out of our kingdom and to return safely and securely, by land or by water, saving his allegiance to us, unless for some short space in time of war, for the common good of the kingdom; except prisoners and outlaws by the law of the land, people of a country at war with us, and merchants who shall be treated as aforesaid.
43. If any man hold of any escheat, as of the honor of Wallingford, Nottingham, Boulogne, Lancaster, or any other escheats which are in our hand and are baronies, and shall die, his heir shall not give any other relief, nor do any other service to us, than he would to the baron if the barony were in a baron's hand; and we will hold it in the same way in which the baron held it.
44. Men who dwell without the forest shall not hereafter come before our justiciaries of the forest on a common summons, unless they are parties to a plea or sureties for any who have been apprehended for something concerning the forest.
45. We will not make justiciaries, sheriffs, or bailiffs except of such as know the law of the land, and are disposed duly to observe it.
46. All barons who have founded abbeys which they hold by charter of the kings of England, or by ancient tenure, shall have the custody thereof when they fall vacant, as they ought to have.
47. All forests which have been made in our time shall be immediately disforested ; and it shall be so done with the embankments which have been erected as obstructions to the rivers in our reign.
48. All evil customs of forests and warrens, foresters and warreners, sheriffs and their officers, embankments and their keepers, shall forthwith be inquired into in every county by twelve sworn knights of the same county, who must be elected by the good men of the county; and within forty days after the holding of the inquisition they shall, by the said knights, be utterly abolished so as never to be restored; provided that we be first notified thereof, or if we be not in England, our chief justiciary.
49. We will forthwith restore all hostages and charters which
have been delivered to us by the English in security of peace and faithful service.
50. We will remove from their bailiwicks the kinsmen of Gerard de Athyes, so that henceforth they shall have no bailiwick in England; Engelard of Cygony; Andrew, Peter, and Gyone de Chancell; Gyone de Cygony; Geoffrey de Martin and his brothers; Philip Mark and his brothers, and Geoffrey his brother, and all their retinue.
51. And immediately after the conclusion of peace we will remove from the kingdom all foreign knights, crossbowmen, and mercenary soldiers who have come with horses and arms to the injury of the kingdom.
52. If any man hath been by us deprived or dispossessed, without the lawful judgment of his peers, of lands, castles, liberties, or rights, we will forth with make restitution; and if any dispute arise on this head, then the matter shall be settled by the judgment of five and twenty barons hereinafter mentioned for the preservation of the peace. Concerning all those things of which any man hath been deprived or dispossessed, without the legal judgment of his peers, by King Henry our father, or King Richard our brother, which we hold in our own hand or others hold under our warrant, we shall have respite until the common term of the Crusaders; except those concerning which a plea has been moved, or an inquisition made by our direction, before our taking the cross; but so soon as we shall return from our expedition, or if by chance we should not go upon our expedition, we will forthwith do therein full justice.
53. We shall have like respite, and upon the like conditions, in doing justice by disforesting the forests which Henry our father or Richard our brother afforested, and the same concerning the wardship of lands belonging to another man's fee, of which we have hitherto had wardship on account of some fee held by the tenant from us by military service; and concerning abbeys founded in a fee which is not ours, and in which the lord hath claimed a right; and when we shall have returned, or if we should not go upon our expedition, we shall forth with do full justice to complainants in these matters.
54. No man shall be taken or imprisoned on the appeal of a woman for the death of any other than her husband.
55. All fines that have been made unjustly and contrary to the law of the land, and all amerciaments imposed unjustly, contrary to the law of the land, shall be wholly remitted; or order shall therein be taken by the five and twenty barons hereinafter mentioned for the security of the peace, or by the verdict of the greater part of them, together with the aforesaid Stephen, archbishop of Canterbury, if he can be present, and such others as he may think fit to bring with him; but if he cannot be present, the business shall nevertheless proceed without him; yet so, that if any one or more of the aforesaid five and twenty barons have a like plea, they shall be removed from that particular trial, and others elected and sworn for that trial only by the residue of the five and twenty shall be substituted in their room.
56. If we have deprived or dispossessed any Welshmen of their lands, or liberties, or other things, without a legal verdict of their peers, restitution shall forthwith be made ; and if any dispute shall arise upon this head, then let it be determined in the Marches by the judgment of their peers; for tenements of England, according to the law of England; for tenements of Wales, according to the law of Wales; and for tenements of the Marches, according to the law of the Marches. The Welsh shall do the same to us and to our subjects.
57. Also, concerning those things of which any Welshman hath been deprived or dispossessed without the lawful judgment of his peers, by King Henry our father, or King Richard our brother, and which we hold in our hand or others hold under our warrant, we shall have respite until the common term of the Crusaders, except for those concerning which a plea hath been moved, or an inquisition made by our command before taking the cross.
But as soon as we return upon our expedition, or if by chance we should not go upon our expedition, we shall immediately do full justice therein, according to the laws of Wales and of the parts aforesaid.
58. We will forthwith release the son of Llewellyn, and all the